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Employee organization may elect not to act provided its decision is not improperly motivated

Employee organization may elect not to act provided its decision is not improperly motivated
Daniel Farrey And District Council 37, AFSCME, AFL-CIO, Decisions of the Board, PERB U-27677

The Public Employment Relations Board affirmed the decision of an ALJ dismissing a duty of fair representation charge filed by Daniel Farrey (Farrey) against District Council 37 (DC 37) with respect to negotiated provisions of an agreement relating to the federal Fair Labor Standards Act (FLSA).

The Board found that Farrey's challenge to the contract provision purporting to exempt a title in a negotiation from FLSA coverage was untimely and outside the scope of his charge.

The Board also denied Farrey's exceptions challenging the negotiated modification to the compensatory time program concluding that Farrey had failed to demonstrate that DC 37 acted arbitrarily, discriminatorily or in bad faith.

Finally, the Board rejected Farrey's exceptions challenging DC 37's agreement not to pursue FLSA litigation reiterating that an employee organization is granted wide discretion under the Act to agree not to pursue particular claims so long as the employee organization is not improperly motivated.

Full post as published by New York Public Personnel Law on March 06, 2009 (boomark / email).